Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-09-30
THE MOVES Will CASE
The Contestant withdrnws ht- Case owing
60 81 Euling-A Verdict ordered FOR
the Proponcnt aud the caso Cav
TieG to the supreme Court.


rieG TO the supreme Court.
At the opening Of County CoUr, Tdurs
day morning Mr. Ballard resumed the
direct examination Of G. ". Delaney. The
court ruled at this point thGt al ot Mir
Delancy's evidence should b. excluded 80
far as it referred to the question of revu-
cation, on the ground that before viii
could be put III evidence it must be cs-ab-
lished according to statute the same rs
had been done with the will saUlht TO be
revoked. The contestant noted an eNcep
ton. The witness was asked Il few qUes
lions concerning his relation to MI
Noyes but nothing OF general interest
was ELECTED.
On the cross-eXaminatiou by Senator
Edmunds witness said the horse trausHC-
lions betweCn himself and The tpst2tor
ended in 1884. In answer to the question
how the witness happened 10 go - the
piled that he WGs invited. When witness
and MI Moves talked on private matters
they went iutO he rear part OF the bank
and locked the door. Mr.. Moves lad the
keys 10 the safe during the night
when in town witness had often seen
him open his privare safe during
the afternoon and in the night. 1t was
after the bank closed in the Afternoon
that Mr.. NOye5 showed witness the wills
The wills were in an envelope ana it was
tied up with Il string. MI. Lavelle was
not in the back room with them at the
time and witness very seldom saw him
in that room. Witness was then ques-
toned as to his histoIy, He was SO last
August. born in Ireland, came to Boston
when Is. III 1862 he moved to Augusta,
Maine. In spring OF 1872 witness was in
Manchester. Witness never heard that he
was indicted for bgam- in Maine. After
he went to Augusta he opened recruit
ing Office and conducted it from 1862 to
1868 Witness thought he had to do with
three or four thousand recruits witness
was examined IN 1870 before Legislative
commission in Maine in relation TO the
paper credit frauds. His recruiting bust.
ness was interrupted by his arrest and he
was convicted for recruiting without uu-
tho!ity from the government.
AT this point Senator Ednunds put in
evidence Il certificate ut the proceedings
Of specia, military commission held at
Washington 10 show that witness was
tried and convicted Of aiding in desertion,
Of procuring false and fraudulent certti.
Gates Of discharge, Of recruiting, without
authority from the war department and
various other charges and that he was
sentenced 20 be imprisoned 10 years il Il
State prison TO be desiunatad fined SO 600
and be imprisoned till tue fine was paid.
Witness then testified that he was sent to
the state prison ut Concord, =. H., but
was confined only five o. six days after
which he was given the.iiberty OF Merr!-
mack county. At the end of 10 months
he was pardOned az the result OF proceed
ings in the United States Court.
On the redirect examination, witness
testified that he WAS associated with Gov
Conner, }. II. Manley and various promi-
aent State aud government officials.
Julius NJ. NoYes being recalled desCrib-
ed the furniture in the bank and the plan
of the Office. He said his brother spoke
about d. y. BurlOus card debts. HI claim
ed one o. A. Goger had told him Noyes
Burton lad lost considerable in Wall
street and with cards witness said his
brother was worth eNBcC!.' %G93 900 at the
rilne OF h.a death.
Cyrus u. SpauldiuC testified that De
mad lived II Burlington nine years and
was connected with the Commercial
bank witness always saw Delaney and
Noyes together great deal saw them
III the Lank together III front win
dow almost daily. Oh crOSs-eNami1atiGn
witness said he had known Mr., Noycs
many wears. Hc was fond Of horses.
Judge Parker and Mayer Hatch formerly
associated with Mr. Noyes but since the
rank became private they had not so
much
Calvin 4. Dlodgett was the next Wit
ness. He testified that ne had known
Mr.. Noyes and Mr.. Delaney ever since the
latter was il Burlington and had known
OF their intimacy; witness was at the
American Hotel u year when Mr.. Noyes
boarded there. On cross'eXaminatlon
witness said he remained at the hotel in
1881 and had been IL town the major part
Of the time since.
Walter a. Weed testified that ne was
in burlington usually several times Z
week; had known Nh Moves 10 or 10
wears, anu G. N. Delaney ever since the
latter came to burlington ; while seeing
Mr.. Noyes ca business ne mad seen NJ.
Delaney with him frequently.
AT the opening OF court III tEe alter
noon the counsel Tor tAe contestant gave
notice th&t II we" q Inc fuilQg Of me
court they Hld not care 10 submit me
tH, - - 80 - l ,i 70 49,,
,,nnaG- or hni, ,,,a,,-C,, ~, ne ,Ii,,,a,,,r
Court The court accoid.uGly directed a
verdict esttpl- .ln@ t2' "!-l 70 when c1-